After a line of questioning on the Commerce Clause in which Elena Kagan appeared to embrace near limitless Congressional authority to regulate economic activity, Sen. Tom Coburn (R., Okla.) had strong words for ABC News, calling Kagan “ignorant” of relevant constitutional principles:

“I think the thing that’s very worrisome is that she has a very expansive view of the Commerce Clause, and I find that she’s ignorant of the Constitution’s limitation of that, especially what our Founders wrote,” Coburn, R-Okla., told us.

“And her reliance was that, ‘Well, here’s the precedent that’s been set, and we can’t go back to original intent,’ which comes back to another thing that she said earlier in the hearing — is that precedent trumps original intent. And I think most Americans would reject that. If that was the case, then we would have never had Brown vs. the Board of Education, and Plessy-Ferguson would still be the law. And to have a Supreme Court nominee that actually says precedent trumps original intent is worrisome, in my opinion.”

Coburn also said that Kagan could be filibustered:

“I wouldn’t rule out a filibuster,” he said. “Look, my two main concerns are …: We’re in trouble as a nation, and one of the reasons we’re in trouble is the expansion of the federal government into areas that our Founders never thought we should be in. And we have a nominee to the Supreme Court that is fully embracing that and with no limits in terms of the Commerce Clause. So to me, that’s very concerning. The second point I would make, again, is that she believes precedent trumps original intent. And she defended that. And so that — both those things are very concerning — should be very concerning to the American people.”